Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180062652022
Summary Cases/5800456/2022
M/S BEACON TRUSTEESHOP LIMITED Vs.
NIRMAL LIFESTYLE (MULUND) PRIVATE LIMITED
IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.16
This is an application for issuing proclamation warrants against
accused Nos.2 to 5 on the ground of deliberate concealing presence by
the accused to prolong the trial.
2. Perused warrant report forwarded by Senior P. I., Mulund, Police
Station. Warrant report shows that accused were not present. They
were at outstation and as such the Non Bailable Warrants could not be
executed against them. Advocate for complainant vehemently
submitted about the delay tactics played by the accused. However,
issuing directly proclamation warrant without making attempt of
securing their presence by lawful means directly would amount to
taking a drastic steps against the accused. The accused have appeared
through their advocate, but neither their advocate nor accused have
remained present for next dates of hearing. It is more than sufficient to
draw an adverse inference on the point of conduct of the accused.
However, any how issuing directly proclamation will not justify to
secure the presence of the accused. Hence, I pass following order.
ORDER
1) Prayer for issuing Proclamation Warrant against accused
No.2 to 5 stands rejected.
2) Reissue Non bailable Warrants against accused Nos.2 to
5 to be served through concerned Police Station.
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2 Summary Cases/5800456/2022
Order below Exh.16
3)Order be uploaded on Court Web Portal for the
knowledge of accused and their advocate who are absent
today.
4) Order dictated and pronounced in open court.
( M. P. Saraf )
Judicial Magistrate (First Class),
Date : 30.04.2025 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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Order below Exh.16
CERTIFICATE
I affirm that the contents of this P.D.F. file Order are same, word to word as per the
original Order.
Name of Stenographer : Mrs. Aditi Ravikiran Dalvi
Court : Judicial Magistrate(First Class), 58th Court, Bandra,
Mumbai.
Dictated in open court on : 30.04.2025.
Transcribed and Typed on : 30.04.2025.
Order printed and Signed on : 30.04.2025.
Order Uploaded on : 30.04.2025.
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